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(영문) 대전지방법원 2015.11.27 2015가단213138
손해배상(자)
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. Between the Plaintiff (Counterclaim Defendant) and Acoma Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be filed together.

1. Facts of recognition;

A. On November 18, 2012, when driving a vehicle C owned by Acom Co., Ltd. (hereinafter “Plaintiff”) that entered the Plaintiff’s comprehensive motor vehicle insurance policy, B changed course from the vehicle line on the right side to the vehicle line located on the left side of the Plaintiff’s seat, while driving the Plaintiff’s motor vehicle into the wheel Tolle line located on the part of the Plaintiff’s seat on the left side (hereinafter “Defendant’s vehicle”). On November 14, 2012, B, while changing course from the vehicle line on the right side to the vehicle line on the left side, C’s steering part on the part of the Plaintiff’s vehicle (hereinafter “Defendant’s vehicle”).

(hereinafter “instant accident”). (b)

In the instant accident, the Defendant, who was on board the top of the steering of the Defendant’s vehicle, was suffering from injuries, such as an influence of the inner wall by shocking the left part of the snow, etc. with an influent material, and causing injuries, such as the closure of the inner wall, dysium, cerebral salt, brain-proof, dental technicians, and dysium, performed an operation on Nov. 27, 2012 on the alley of the internal wall inside and outside walls at the Division Seoul Metropolitan Government Hospital, and undergone a mathy operation on the left part of the left part on December 5, 2012.

C. On April 8, 2013, the Plaintiff agreed to KRW 8,500,00 (hereinafter “instant agreement”) with respect to the damages incurred by the instant accident, including data, other handouts, future treatment costs, and profits from the loss of disability, with the purport of “all legal damages arising from the instant accident” (hereinafter “instant agreement”). The said agreement stipulates that the Plaintiff should not give up all rights to the other joint and several obligors as well as the Plaintiff in connection with the instant accident, and should not raise any objection, even if any reason exists for the subsequent accident, and shall sign and seal this agreement with the evidence of the latter day.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff did not reach the agreement of this case, and thus the plaintiff is the defendant.

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